J/T/T^rrtA 


HOUSE  OF    REPRESENTATIVES,  Februnrv  24,  1863.— Filed 
February  20,  1863. 

[  Mr.  II\KRrs.  from  Committtee  nn  Military  AflFairi*,  ] 


G.  TOCHMAN'S  SUGGESTIVE  POINTS  TO  THE  MEMORIAL 
REFERRED  BY  THE  HOUSE  OF  REPRESENTATIVES  TO 
THE  COMMITTEE  ON  MILITARY  AFFAIRS. 

Richmond.  Va.,  Feb.  24,  1863. 
To  his  Excellency,  JtiFFERSON  Davis, 

President  of  the  Confederate  States  : 

Sir  :  I  have  the  honor  most  respectfully  to  «nclose,  for  your  can- 
did perusal,  my  memorial  praying  Com  ress  for  some  relief  to  save 
my  honestly  earned  reputation  and  character  from  the  stigma  of  being 
a  pretender,  or  the  charge  of  incapacity,  or  of  some  misdemeanor,  to 
which,  the  effect  of  Mr.  Walker's  having,  as  you  consider,  exceeded 
his  authority  in  dealing  with  me,  subjects  me  for  the  remainder  of  my 
^ventful  life.  My  object,  in  taking  the  liberty  to  send  you  this  paper, 
is  to  show  your  Excellency  that  I  do  not  charge  3'ou  with  any  injus- 
tice; but  setting  forth  the  consequences  arising  from  Mr.  Walker's 
having  given  me  such  authority  as  he  did,  as  it  seems  without  your 
consent,  I  only  desire  to  have  put  the  boat,  which  carries  on  my 
earthly  existence,  in  the  same  stream  of  honor  and  honesty,  through 
which  I  steered  it  during  fifty  years  of  my  life,  before  this  unfortu- 
nate mishap.  I  hope  that  you  will  apprea  ate  these  motives  of  m}' 
solicitude,  and  indulgently  accept  this  respectful  expression  of  the 
sense  of  my  feelings  towards  you. 

I  have  the  honor  to  remain. 

Your  Excellency's 

Most  obedient  servant, 

G.  TOCHMAN. 


To  the  HonorahU  Committee  on  Military  Affairs,  of  the    House  of  Bep- 
representatives,  Conftdirate  States  Congress  : 

Mr.  Chairman  and  Gentleman  of  th<e  Committee  :  I  thank  you  for 
the  privilege  given  me  to  appear  before  you,  and  take  the  opportunity 
to  file  this  papw',  -which  I  beg  you  to  consider  as  a  part  of  my  me- 
morial, referred  to  you  by  tho  House  of  Representatives.  The  facts  set 
forth  in  that  meraorial.  upon  which  my  case  rests,  are  so  self-evident, 
and  so  self-sustaining,  as  to  the  relief  sought  at  the  hands  of  Congress, 
that,  to  urge  it  by  any  argument  before  you,  would  be  rather  an  in- 
discretion on  my  part.  1  appear,  then,  before  you,  for  the  sole  pur- 
pose of  answering  any  interrogatories  you  may  have  to  propound  to 
me,  and  to  submit,  in  this  paper,  the  following  few  suggestive  points 
in  my  case. 

1st.  The  supplementary  act  of  Congress,  numbered  382,  and  ap- 
proved February  3,  1862,  enacts,  that  the  officers  appointed  by  the 
President,  under  the  4th  section  of  t'e  act  numbered  ]i)d,  approved  May 
8,  186  i,  to  raise  "  companies,  battalions,  and  regiments,  ^AaW  he 
the  officers  of  ths  same.'''  It  is  true  that  I  obtained  my  author- 
ity to  raise,  and  I  did  raise  my  troops,  and  organized  them  into  com- 
panies, regiments  and  a  brigade,  as  directed  by  that  authority,  prior 
to  the  date  of  the  act  numbered  382.  But  this  act  being  explanatory 
only  of  the  intents  abinitio  of  the  act  numbered  109,  under  the  pro- 
visions of  which  the  acceptance  of  that  authority  w^s  stipulated  with 
me,  must,  it  appears  to  me,  embrace  and  sustain  my  case,  as  it  shows 
that  Congress  aever  coiitemplated  allov.'ing  any  other  kind  of  remu- 
neration lor  those  who  would  undertake  to  raise  troops,  than  their 
right  to  the  command  of  the  same,  and  to  the  stipends  attached  to  their 
expected  ranks.  Any  other  interpretation  of  this  act  would  lead  to 
conclusions  rather  disadvantageous  to  the  Executive,  without  taking 
away  my  right,  to  the  relief  I  claim.  If  it  should  be  objected 
that  the  act  numbered  382  does  not  include  in  its  provisions  the 
command  of  brigades,  I  submit  that  the  4th  section  of  the  act 
numbered  109,  to  which  the  act  numbered  882  explicitly  refers, 
refutes  such  an  objection  by  reference  to  the  provisions  of  "  an  act 
to  provide  for  the  public  defence,"  numbered  48,  which,  in  section 
bth,  authorizes  the  President  to  organize  "  regiments  into  brigades, " 
etc. 

£d.  I  admit  that,  applying  to  my  case  the  foregoing  acts,  even  in 
the  sense  I  construe  and  understand  them,  the  honorable  the  Con- 
gress has  no  power  to  insist  that  the  President  should  give  me  back 
the  command  of  the  troops  I  raised  and  organized  into  a  brigade,  the 
law  leaving  to  him  the  initiative  of  the  appointing  power,  even  in  the 
cases  restricted  and  defined  in  the  provisions  of  the  act  numbered 
382.  But  it  is  evident,  from  these  acts,  that  the  President  had  full 
power  to  make  with  me  such  arrangement  as  his  Secretary  of  War 
did  make  in  his  name ;  and,  if  the  Secretary  exceeded  his  authority, 
as  the  President  intimates  in  one  of  his  letters  to  me,  annexed  to  the 
record  of  the  memorial,  it  is    respectfully  submitted  that  I  ought  not, 


and  can  not,  suffer  by  it,  iieither  in  reputation  nor  in  damages  caused 
by  depriving  me,  of  the  command,  without  cause,  especially 
when  the  President  himself,  when  I  tendered  him  my  services  at 
Montgomery,  Alabama,  told  me  that  he  wouM  give  instructions  to  the 
Secretary  of  War  to  advise  me  of  his  decision,  and  that  I  would 
have  to  make  my  arrangements  with  that  Secretary. 

3d.  The  effect  of  tliis  action  of  the  Executive,  independent  of  the 
heavy  losses  (which  in  my  situation  as  a  political  exile,  for  the  third 
time  in  my  life,  are  very  sensibly  felt),  subjects  me  to  the  most  galling 
disgrace,  here  and  abroad,  either  of  being  considered  a  pretender,  or 
tlie  charge  of  incapacity,  or  of  some  misdemeanor.  Do  I  deserve 
this,  for  my  devotion  to  the  cause  of  (he  Confederate  States?  *IIave 
I  to  move  heaven  and  earth,  to  show  my  innocence  here  and  in  the 
old  world?  W  11  compelling  me  to  do  this,  benefit  tl#caus"e  of  these 
Confederate  States  ? 

4th.  I  do  not  believe  that  the  President  knows  all  the  fiicts  of  this  case. 
It  is  true  I  have  sent  him  a  copy  of  my  memorial,  enclosed  in  a  letter,  of 
which  the  annexed  is  a  copy.  But  this  communication,  coming  from 
a  private  individual,  might  not  have  induced  him  to  give  it  a  careful 
examination,  I,  therefore,  respectfully  suggest  that  my  mem  )ri  il  be 
communicated  to  his  Excellency  by  this  committee,  requesting  him  to 
furnish  such  information  in  this  case,  as  he  may  deem  proper  to  com- 
municate to  them,  l)cfore  any  -action  is  taken  or  recommended  by  this 
honorable  committee.  Such  a  course,  it  seems  to  me,  Avould  be  but 
courteous,  justly  due  to  the.  President.  To  me.  it  would  be  so  far 
agreeable  as  its  result  would  probably  disabuse  me  of  the  uncertainties 
and  anxieties  resting  upon  my  mind,  for,  I  candidly  declare  that,  1 
cannot  bring  myself  to  believe,  that  this  action  in  my  case  on  the  part 
of  the  President,  is  deliberately  and  intentionally  hostile. 
I  have  the  honor  to  be,  Mr.  Chairman, 

And  gentlemen  of  the  Committee, 

Your  obedient  servant, 

G.  TOCHMAN. 


4tSS 


